Commentary to article 665. Review of judgments and court decisions that have entered into legal force with the participation of jurors by way of supervision The Criminal Procedure Code of the Republic of Kazakhstan

Supervisory review of sentences and decisions rendered in cases considered with the participation of jurors is carried out by the collegium of the Supreme Court of the Republic of Kazakhstan only after consideration of the case in the cassation instance on the grounds provided for in paragraph 1) of the first part and paragraphs 1) and 2) of the second part of Article 485 of this Code, or in connection with the improper application of the norms of the General and Special Parts of the Criminal Code of the Republic of Kazakhstan when imposing punishment.

1. According to the requirements of Article 665 of the CPC, the law does not exclude the right of the parties to the process to appeal and protest against court decisions that have entered into force in cases considered with the participation of jurors. The procedure for reviewing court decisions that have entered into force is provided for in Chapter 70 of the CPC, taking into account the additions and amendments established by articles 665 and 666 of the CPC.

2. Unlike the supervisory review of a sentence passed by a single judge, a verdict passed in a case considered with the participation of jurors may be reviewed only in cases expressly provided for in article 665 of the CPC, that is, the grounds for reviewing a verdict passed with the participation of jurors are limited.

3. The grounds for supervisory review of sentences and decisions that have entered into force with the participation of jurors are: the conviction of an innocent person when a judicial act affects state or public interests, state security, or may lead to serious irreversible consequences for human life and health, or when a person is sentenced to death or life imprisonment. or there was an incorrect application of the norms of the General and Special parts of the Criminal Code of the Republic of Kazakhstan when imposing punishment.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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